KELLY FARRELL / Staff

Nancy Richie, environmental specialist for the City of Marco Island, presents City Council with amendments to the beach and vessel management ordinance Monday. Council approved the amendment which restored beach-goers rights to play Frisbee and other games on city-operated beaches. The amendment also required training for boat rentals and other changes in the ordinance. Frisbee and ball-tossing games are still restricted on County operated beaches including Tigertail and South Beach.

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MARCO ISLAND — Frisbee, football, beach volleyball and other sports have been prohibited from Collier County beaches for about 30 years according to a little-known ordinance.

City of Marco Island officials say the rule doesn’t fit the island community’s lifestyle or priorities, hence council voted to remove the restrictive section from their ordinances in a unanimous decision Monday.

“Why would we not want people tossing the frisbee around on the beach?” Chief Code Enforcement Officer Eric Wardle pondered aloud.

The scarcely enforced ordinance became part of the city’s beach management and vessel control ordinance in 1998 when the city adopted the county’s beach ordinances.

A review of the beach and vessel control ordinance began at least a year ago following the establishment of a new city waterways ordinance, said Nancy Richie, environmental specialist for the city.

“It had some duplicity. We set out to get rid of redundancy,” she said, adding that she did not know who brought forward the frisbee and ball tossing section of the ordinance.

Several groups were involved in the amendment process including the city’s beach advisory committee, Marco Island Civic Association, Friends of Tigertail, Marco Island Police, Community Development staff and the planning board.

The following section is removed from the city ordinance section 54-34 but will remain in the county ordinance section 146-37.

“It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety.”

Collier County Park Ranger Jake Sullivan pointed out that such use is only prohibited after being warned by a law enforcement officer.

“It’s still enforced on county beaches, but only if it’s found to be a nuisance ... We have issued (citations) but rarely,” said Camden Smith.

Marco Island Police Capt. Dave Baer said there were no citations given by Marco Island officials in the last nine or 10 years, but perhaps other county agencies have enforced the ordinance.

“It may be nice to have (the ordinance prohibiting frisbee and ball tossing) if there is a nuisance ... But we never enforced it and we had no will to enforce it,” said Richie of the city’s take on the issue.

As to what could be done if a group tossing a football became annoying to a family laying on their beach blankets: “There are other mechanisms we could employ,” Baer said.

The change in the ordinance will leave different rules for county-operated beaches than city-operated beaches on island. South Beach and Tigertail Beach will still prohibit frisbee and ball play in some instances under the county ordinance.

Collier County Parks and Recreation Regional Manager Murdo Smith said he is not aware of a citation ever being issued for someone throwing a frisbee on the beach in Collier County.

“If we have an issue with this we ask the group to go to a less crowed area of the beach and they understand and move. If they do not leave, we call the sheriff and they leave then,” he said.

While it does not appear a person is likely to be jailed for the 60 day maximum nor receive the maximum $500 fine for playing frisbee or ball on any beach, such activity is now absolutely free and clear according to the laws that govern Marco beaches such as Residents Beach.

Other changes to the city’s beach and vessel control ordinance include:

- Live shelling and crustacean collection is prohibited.

- Dunes are off-limits.

- Water skiing must now be 750 feet away from the edge of a beach instead of 500 feet.

- Idle speed must be maintained within 750 feet offshore and within 300 feet of the Judge S.S. Jolley Bridge.

- Pre-operation instruction must be given to all operators of rental vessels with motors of 10 horsepower or greater. The instructor must have completed a boater safety course approved by the National Association of State Boating Law Administrators.